Release List Reviews Shop Join News DVD Giveaways Video Games Advertise
DVD Reviews | Theatrical Reviews | Price Search Buy Stuff Here
Video Game Talk
HD Reviews
 



Go Back   DVD Talk Forum > Entertainment Discussions > Video Game Talk

Video Game Talk The Place to talk about and trade Video & PC Games

Reply
 
Thread Tools
Old 08-11-18, 08:57 AM   #1
Dan
DVD Talk Legend
 
Dan's Avatar
 
Join Date: Feb 2005
Location: ¯\_(ツ)_/¯
Posts: 17,219
Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil Within 2

Step aside, 2013-era-always-online-DRM-that-never-materialized Microsoft, there's a new kid in town.

Bethesda blocks resale of used game
Legal move could have far-reaching consequences for used game sales
https://www.polygon.com/platform/amp...s-amazon-block

Philadelphia-based Ryan Hupp recently contacted Polygon to explain how he’d been forced by Bethesda to stop selling his copy of The Evil Within 2. He bought the game but never unwrapped it, he told us. He’d been expecting to purchase a PlayStation 4, but instead spent his money upgrading a gaming PC. Hupp said he often sells used goods through Amazon Marketplace, which works in much the same way as other online trading sites, such as eBay.

Bethesda’s legal firm Vorys sent Hupp a letter, which he forwarded to Polygon, warning that the game must be taken down and threatening legal action for non-compliance. In its letter, Vorys made the argument that Hupp’s sale was not “by an authorized reseller,” and was therefore “unlawful.” Bethesda also took issue with Hupp’s use of the word “new” in selling the unwrapped game, claiming that this constituted “false advertising.”

“I understand the legal arguments Bethesda are relying on, and accept that they have some legitimate interest in determining how their products are sold at retail,” said Hupp in an email to Polygon, “but threatening individual customers with lawsuits for selling games they own is a massive overreach.


--------

This is some fucked up shit, no?
__________________
"...you've taken a side in an ideological battle, while pretending all the way
that you're simply defending the supposedly neutral value of free speech.
Don't think we don't notice which instances of speech you choose to defend." - Contrapoints
  Reply With Quote
Old 08-11-18, 09:09 AM   #2
Deftones
DVD Talk God
 
Deftones's Avatar
 
Join Date: Oct 1999
Location: Arizona
Posts: 73,722
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

I wouldn't have relented if I were this guy. Plenty of lawyers would've taken the case pro Bono for the publicity. Stupid ass corporations.
__________________
John Henson: McDonald's has dumped Kobe Bryant as their spokesperson and have replaced him with Yao Ming. Apparently McDonald's prefers Yao because he is a bigger international star, and he doesn't rape so much.

"You are everything that's wrong with this forum".---SleepyW
  Reply With Quote
Old 08-11-18, 09:28 AM   #3
fumanstan
DVD Talk Godfather
 
fumanstan's Avatar
 
Join Date: Oct 2002
Location: Irvine, CA
Posts: 54,578
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Bethesda, despite their really great games, seem like they're kind of assholes as a company.

A brief history of Bethesda’s many legal tangles

https://www.polygon.com/2018/6/28/17...r-scrolls-prey
__________________
4x Sheep Champion
VG Round 1b | VG Round 7 | NFL | SHEEPERHERO II

And of course you can GFY. -chess
  Reply With Quote
Old 08-11-18, 09:33 AM   #4
Michael Corvin
DVD Talk Godfather
 
Michael Corvin's Avatar
 
Join Date: May 1999
Location: Louisville, KY
Posts: 56,057
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

I've had a few items the last few months that Amazon wouldn't let me sell because I'm not an "authorized reseller." I know it's their platform and they can do what they want, but I own the damn things, I should be able to sell them just like anyone else.

I think one was Forza Horizon 3. Another was a DC comic book. Also a no go on Jurassic Park Trilogy BD.

Lame.
  Reply With Quote
Old 08-11-18, 09:55 AM   #5
The Questyen
DVD Talk Gold Edition
 
The Questyen's Avatar
 
Join Date: Oct 2010
Location: Arizona
Posts: 2,498
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

That article contradicts itself. First it says the game was never unwrapped and then later says he was selling the game as new when it was unwrapped. If that's the case then yes his item should have been taken down because you can't list items as new when they've been opened.
  Reply With Quote
Old 08-11-18, 10:28 AM   #6
Adam Tyner
DVD Talk Reviewer/ Admin
 
Adam Tyner's Avatar
 
Join Date: Sep 1999
Location: Greenville, South Cackalack
Posts: 20,352
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Quote:
Originally Posted by The Questyen View Post
That article contradicts itself.
I think it's sloppy writing.

Quote:
He bought the game but never unwrapped it, he told us.
Quote:
Bethesda also took issue with Hupp’s use of the word “new” in selling the unwrapped game, claiming that this constituted “false advertising.”
I think "unwrapped" in that second quote is meant to say "shrinkwrapped".
__________________
"When you're in your twenties, you wonder what everyone's thinking of you. When you're in your thirties, you don't care what people think of you. And when you reach your forties, you find out no one was ever thinking of you in the first place."
-Patton Oswalt
  Reply With Quote
Old 08-11-18, 10:42 AM   #7
The Questyen
DVD Talk Gold Edition
 
The Questyen's Avatar
 
Join Date: Oct 2010
Location: Arizona
Posts: 2,498
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Quote:
Originally Posted by Adam Tyner View Post
I think it's sloppy writing.




I think "unwrapped" in that second quote is meant to say "shrinkwrapped".
That seems weird then because there are hundreds of copies listed as new of that game up now on amazon marketplace. Their almost certainly had to be something up with his description that he's not mentioning for him to be the only one getting the letter. And since he took it down their is no way to see for sure.
  Reply With Quote
Old 08-11-18, 10:55 AM   #8
Adam Tyner
DVD Talk Reviewer/ Admin
 
Adam Tyner's Avatar
 
Join Date: Sep 1999
Location: Greenville, South Cackalack
Posts: 20,352
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Quote:
Originally Posted by The Questyen View Post
Their almost certainly had to be something up with his description that he's not mentioning for him to be the only one getting the letter.
Well:

Quote:
It’s not clear how many similar letters have been out to people selling used games online, but Vorys’ voicemail message for Bethesda’s used games cases tells callers to leave details based on “the letter you have received” such as storefront name. It also thanks recipients of the letter if they have already ceased sales of Bethesda’s software.
That's not something you set up if you're only contacting one person selling one copy of a game.

The complaint is that Hupp isn't an authorized reseller. They also take issue with it being labeled 'New' since the warranty on the disc (?!) isn't valid as it's coming from an unauthorized reseller. If the warranty isn't included, they say it's not lawful to label it 'New'.
__________________
"When you're in your twenties, you wonder what everyone's thinking of you. When you're in your thirties, you don't care what people think of you. And when you reach your forties, you find out no one was ever thinking of you in the first place."
-Patton Oswalt

Last edited by Adam Tyner; 08-11-18 at 11:02 AM..
  Reply With Quote
Old 08-11-18, 07:08 PM   #9
Adam Tyner
DVD Talk Reviewer/ Admin
 
Adam Tyner's Avatar
 
Join Date: Sep 1999
Location: Greenville, South Cackalack
Posts: 20,352
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Yeah. According to Bethesda, you are not allowed to sell an unopened game and call it 'new'.


__________________
"When you're in your twenties, you wonder what everyone's thinking of you. When you're in your thirties, you don't care what people think of you. And when you reach your forties, you find out no one was ever thinking of you in the first place."
-Patton Oswalt
  Reply With Quote
Old 08-11-18, 07:09 PM   #10
The Questyen
DVD Talk Gold Edition
 
The Questyen's Avatar
 
Join Date: Oct 2010
Location: Arizona
Posts: 2,498
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Quote:
Originally Posted by Adam Tyner View Post
Yeah. According to Bethesda, you are not allowed to sell an unopened game and call it 'new'.


Ok well then that's nonsense and they are definitely going to get sued eventually over this.
  Reply With Quote
Old 08-11-18, 07:13 PM   #11
Groucho
Moderator
 
Groucho's Avatar
 
Join Date: Mar 2000
Location: Salt Lake City, Utah
Posts: 70,179
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Sounds like they’re trying to quietly set a precidence.
__________________
Xbox Live: Runner Groucho
PSN: RunnerGroucho

"The Borg is a species" -- Tracer Bullet (Citation)
  Reply With Quote
Old 08-11-18, 07:48 PM   #12
Why So Blu?
DVD Talk Hero
 
Why So Blu?'s Avatar
 
Join Date: Feb 2012
Location: Los Angeles
Posts: 27,846
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

First video games then on to movies.

I have sealed CC's for sale on eBay. They are brand new, I own them, and I sell them as new, because they are.
__________________
"Good for you for pointing out that I did indeed say that, which contradicts my later claim that I did not say it." - grundle
  Reply With Quote
Old 08-11-18, 10:45 PM   #13
DthRdrX
DVD Talk Legend
 
Join Date: Oct 2004
Location: Pa
Posts: 11,565
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Could someone point out to them the longstanding practice of Gamestop opening games/movies and still selling them as new?
  Reply With Quote
Old 08-12-18, 12:55 PM   #14
nickdawgy
DVD Talk Hero
 
nickdawgy's Avatar
 
Join Date: Jan 2003
Location: Southern Cal-ee-for-nee
Posts: 28,792
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Quote:
Originally Posted by Why So Blu? View Post
First video games then on to movies.

I have sealed CC's for sale on eBay. They are brand new, I own them, and I sell them as new, because they are.
Same. I sell new and used. I bought them. I think I have the right.
  Reply With Quote
Old 08-13-18, 11:01 AM   #15
Kedrix
DVD Talk Ultimate Edition
 
Kedrix's Avatar
 
Join Date: Sep 2006
Location: Katy, Tx
Posts: 4,395
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Quote:
Originally Posted by Why So Blu? View Post
First video games then on to movies.

I have sealed CC's for sale on eBay. They are brand new, I own them, and I sell them as new, because they are.
I'll do ya one better. I have a copy of Evil Within, brand new sealed, bought from Target. Has the slipcover even. I've been thinking of selling it for months because I'm probably never going to play it. But its the same theory if I have something as new, then I sell it as new. It's my copy, not theirs. Bunch of freaking bullshit.
__________________
Michael Durr
Kedrix of Aldrianian - (*The Forgotten One*)
Xbox Gamertag: Kedrix / Follow Me on Twitter: KedrixDotNet
Yes, I have my own webpage: Xbox One BC/Movie & Game Reviews - @ Kedrix.net
  Reply With Quote
Old 08-13-18, 01:53 PM   #16
funkyryno
DVD Talk Platinum Edition
 
funkyryno's Avatar
 
Join Date: Mar 2002
Posts: 3,520
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Dick move.
__________________
  Reply With Quote
Old 08-13-18, 02:38 PM   #17
IDrinkMolson
DVD Talk Platinum Edition
 
IDrinkMolson's Avatar
 
Join Date: Mar 2004
Location: DE
Posts: 3,356
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Can you list it as "unused"?
__________________
My DVD Collection
  Reply With Quote
Old 08-13-18, 02:42 PM   #18
Noonan
DVD Talk Hall of Fame
 
Join Date: Jan 2001
Location: MA
Posts: 9,319
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

I can see this as a good way to stop scalping of limited editions but this is just crazy. Safe to assume they're doing this for any eBay sales listed as New as well?
  Reply With Quote
Old 08-13-18, 02:52 PM   #19
fumanstan
DVD Talk Godfather
 
fumanstan's Avatar
 
Join Date: Oct 2002
Location: Irvine, CA
Posts: 54,578
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

I can only think that enough people have gone to Bethesda customer support for buying "new" copies of a game only to find something used/missing in order for it to be worth their time to go after things like this.
__________________
4x Sheep Champion
VG Round 1b | VG Round 7 | NFL | SHEEPERHERO II

And of course you can GFY. -chess
  Reply With Quote
Old 08-13-18, 04:04 PM   #20
mhg83
DVD Talk Legend
 
Join Date: May 2007
Posts: 11,428
Re: Bethesda threatens to sue Amazon Marketplace seller for selling copy of Evil With

Quote:
Originally Posted by DthRdrX View Post
Could someone point out to them the longstanding practice of Gamestop opening games/movies and still selling them as new?
Exactly what I was thinking when I read the article. I guess Bethesda will start threatening to sue GS next?
__________________
Quote:
Originally Posted by antspawn View Post
I would die a happy man if the cause of my death was booty asphyxiation.
Quote:
Originally Posted by Spottedfeather View Post
Well, they kiss where they think that Jesus was born. They kiss the little catholic cracker. They worship Mary.....
  Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



All times are GMT -5. The time now is 09:40 PM.

...
Rules - DVD Talk - Archive - Privacy Statement - Top

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.

Content Relevant URLs by vBSEO 3.2.0